New York skyline and picture of Attorneys
Former New York Prosecutors Aggressive Representation With Over 30 Years of Experience
The National Trial Lawyers
AVVO
AVVO
AVVO
AVVO
AVVO
Expertise

Perjury

A person is guilty of the Class A misdemeanor of Perjury in the Third Degree when he intentionally makes a false statement which he does not believe to be true while giving testimony or while under oath in a written instrument (PL 210.05). The crime can be elevated to a felony when the false statement is material to the action, proceeding or matter involved (PLs 210.10 and 210.15). In a nutshell, the relevance or importance of the false statement determines the seriousness of the crime charged. Notably, if a person makes an intentionally false statement while testifying, he can possibly escape criminal liability by retracting the statement before the statement materially affects the proceeding and beforeit becomes manifest that its falsity was or would be exposed (PL 210.25).

The prosecution of these cases does not necessarily require the law enforcement officer or prosecutor to determine which sworn statement was false. Indeed, where a witness has made two logically irreconcilable statements under oath, a prosecutor can seek an indictment that simply sets forth the two irreconcilable statements (PL 210.20).

Another important charge in this chapter is entitled Making a Punishable False Written Statement. This criminal charge, although rarely prosecuted, is used as a deterrent to the knowing or intentionally false reporting of crimes. Indeed, crime victims or witnesses that have signed supporting depositions or criminal complaints have probably signed below a written warning that reads, “False statements made herein are punishable as a Class A misdemeanor pursuant to PL Section 210.45.”

Key Penal Law Provisions:

  • Perjury in the third degree, P..L. 210.05, a class A misdemeanor
  • Perjury in the second degree, PL 210.10, a class E felony
  • Perjury in the first degree, PL 210.15, a class D felony
  • Making a punishable false written statement, PL 210.45, a class A misdemeanor
Client Reviews
★★★★★
Mr. Galluzzo and his team at G&J are absolutely one of the best at what they do. The work tirelessly at getting the best possible result for the case at hand and they truly care about their clients. Galluzzo and his team were able to overturn and vacate my guilty plea, then taking a big risk where I could have faced a large amount of time in prison Galluzzo took my case to trial. He walked in there with the confidence and swagger as if he already knew everything would work out for me, he laid out every single fact and hole in the prosecutions case to the jury and came away with a full acquittal on every charge after just one hour of deliberations. In an instant, I had my life back! I would most certainly recommend Matthew and his team to anyone in need of legal help. Thanks again Matt! Client
★★★★★
Eric was a great asset to have on my side during a recent case. We had an initial phone discussion in which Eric talked about my specific situation, possible outcomes, and process. He was extremely knowledgeable, diligent and kept me up to speed throughout the ordeal. I would highly recommend Eric if you ever need an attorney in NYC. Client
★★★★★
I want to thank you again for all the energy that you expended on behalf of our children during the weekend – your presence by their sides reassured them throughout this traumatic experience and reduced their suffering. Client
Contact Us

Free Consultation

Available 24/7

Se Habla Español

Fill out the form or call us at (212) 344-5180 to schedule your free consultation.